[2019] KEELC 4058 (KLR)
The court found that all parties had complied with Order 11 of the Civil Procedure Rules as confirmed by the applicant's counsel. However, in the interest of justice and to ensure a fair hearing, the court exercised its discretion to grant the 2nd respondent, Gerrald Nyagi Wilson, 14 days to seek legal...
Source-derived case information.
- Citation
- [2019] KEELC 4058 (KLR)
- Parties
- Applicant: Bundi Kiragu; Respondent: Benjamin Collins Mati; Respondent: Gerrald Nyagi Wilson
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 10 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Compliance and Adjournment
- Outcome
- adjournment granted for legal representation; hearing date fixed
- Judges
- FM Njoroge
- Legal Topics
- Order 11 Compliance, Adjournment for Legal Representation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bundi Kiragu
Applicant
Benjamin Collins Mati
Respondent
Gerrald Nyagi Wilson
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Compliance and Adjournment
Legal Issues
- 1 Whether all parties have complied with Order 11 of the Civil Procedure Rules.
- 2 Whether the 2nd respondent should be granted time to seek legal representation.
Ratio Decidendi
The court found that all parties had complied with Order 11 of the Civil Procedure Rules as confirmed by the applicant's counsel. However, in the interest of justice and to ensure a fair hearing, the court exercised its discretion to grant the 2nd respondent, Gerrald Nyagi Wilson, 14 days to seek legal representation. The court further fixed the hearing date for the suit, ensuring that the matter proceeds expeditiously while safeguarding the parties' rights to representation.
Court Disposition
adjournment granted for legal representation; hearing date fixed
Orders
- Gerrald Nyagi Wilson is granted 14 days to seek the services of a lawyer of his choice to represent him in this matter.
- Hearing of the suit will take place on 27th May, 2019.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 10 OF 2018
BUNDI KIRAGU....................................................................APPLICANT
VERSUS
BENJAMIN COLLINS MATI...................................1ST RESPONDENT
GERRALD NYAGI WILSON...................................2ND RESPONDENT
RULING
1. This matter came up for confirmation of compliance with order 11, CPR, on 25. 3.2019. Mr. I.C. Mugo, for the applicant in the OS informed the court that all parties had complied.
2. The 2nd respondent, Gerrald Nyagi Wilson, sought the courts indulgence to seek the services of a lawyer to represent him during the hearing.
3. I issue the following orders:
a) Gerrald Nyagi Wilson is granted 14 days to seek the services of a lawyer of his choice to represent him in this matter.
b) Hearing of the suit will take place on 27th May, 2019.
4. It is so ordered.
Delivered in open Court at Chuka this 25th day of March, 2019
in the presence of:
CA: Ndegwa
IC Mugo for the applicant
1st and 2nd respondents
P.M. NJOROGE
JUDGE